US Secretary of State Marco Rubio has announced a sweeping campaign to undermine the International Criminal Court (ICC), vowing to use sanctions, diplomatic pressure, and other measures to protect what he calls an “intolerable threat to US sovereignty.” The initiative marks a sharp escalation in Washington’s long-standing efforts to isolate the Hague-based tribunal.
In a video posted on X and an op-ed in the Wall Street Journal, Rubio declared that the ICC “and its friends are waging a war against our country, not with bullets or missiles, but with statutes, compacts and the force of so-called international law.” He argued that the court has moved beyond its original mandate as a “narrow backstop” for prosecuting only the gravest offenses when national courts are unable to act.
The State Department said the campaign will “systematically disable the ICC’s ability to operate, target American servicemen or officials, or otherwise threaten American sovereignty.” It added that no diplomatic option is off-limits, including pressuring other nations to withdraw from the court and cut off financial support. The United States has not ratified the Rome Statute, the 2002 treaty that established the ICC, and successive US administrations have maintained that the court lacks jurisdiction over American citizens.
Escalation of US Pressure on Allies
The new “whole of government” approach goes beyond previous sanctions targeting individual ICC officials. According to a State Department official who spoke on condition of anonymity, the campaign will involve “increased scrutiny of nations that refuse to reject the ICC’s false authority while relying on US assistance.” It also calls on countries that partner with US law enforcement and the military to reject the court’s authority to prosecute American personnel.
The announcement has drawn sharp criticism from international legal experts. Kenneth Roth, former executive director of Human Rights Watch, wrote on X that the Trump administration wants “to be able to commit war crimes with impunity even on the territory of governments that have joined the International Criminal Court.” Roth accused Rubio of dressing up a quest for impunity under the label of national sovereignty, ignoring the sovereign right of other nations to invoke the ICC for crimes committed on their territory.
The ICC’s jurisdiction is limited to crimes committed on the territory of states that are party to the Rome Statute. The court has never opened investigations into crimes committed on American soil. Critics of the US campaign argue that it undermines the rule of law and international accountability, particularly at a time when the ICC is investigating alleged war crimes in Ukraine and other conflicts.
The European Union has been a strong supporter of the ICC, with all 27 member states being parties to the Rome Statute. The court’s headquarters in The Hague is a symbol of European commitment to international justice. The US campaign could strain transatlantic relations, especially as Washington pressures European allies to reconsider their support for the institution. Some European diplomats have privately expressed concern that the US approach could weaken the court’s ability to prosecute crimes in conflict zones, including those involving Russian forces in Ukraine.
The announcement comes amid broader US efforts to reshape international institutions. In a related development, the Trump administration has threatened to impose a 20% shipping fee on vessels passing through the Strait of Hormuz, escalating tensions with Iran. The US has also been pushing for NATO allies to increase defense spending, while European leaders have warned that national sovereignty is being used as a “gift” to US and China, as former Italian Prime Minister Enrico Letta argued in a recent speech.
Legal experts note that the US campaign could have unintended consequences. By pressuring countries to withdraw from the ICC, Washington may undermine the court’s ability to prosecute war crimes committed by US adversaries, including Russia and Iran. The ICC has issued arrest warrants for Russian President Vladimir Putin over the deportation of children from Ukraine, and for Iranian officials over alleged human rights abuses.
Rubio’s campaign is likely to face resistance from European capitals, where the ICC is seen as a cornerstone of the international legal order. The European Parliament has repeatedly called for member states to defend the court against external attacks. However, the US remains a key security partner for many European countries, and some may be reluctant to openly defy Washington.
The State Department’s statement concluded that the campaign will continue until the ICC no longer poses a threat to US sovereignty. For now, the court’s supporters in Europe and beyond are bracing for a protracted battle over the future of international justice.
